Bharatiya Nyaya Sanhita, 2023

Section 324 BNS: Mischief

Section 324 of the Bharatiya Nyaya Sanhita, 2023 defines mischief and provides graded punishment depending on the nature and value of the loss or damage, including aggravated punishment where preparation is made for death, hurt, wrongful restraint or fear of those consequences.

Important: Section 324 contains multiple punishment tiers. The cognizability and trial court change for the more serious forms under sub-sections (5) and (6), although all listed Section 324 offences are bailable.

Section 324(1) BNS - Meaning of Mischief

A person commits mischief if, with intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or to any person, he destroys property or makes a change in property, or in its situation, that destroys or diminishes its value or utility or affects it injuriously.

The offence therefore does not require complete destruction. A harmful alteration that reduces value or usefulness, or otherwise injuriously affects property, may be sufficient if accompanied by the required intention or knowledge.

Explanations to Section 324

Explanation 1 - Loss need not be intended to the owner

It is not necessary that the accused intend loss or damage specifically to the owner of the property. It is enough that the accused intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring property, whether or not that property belongs to that person.

Explanation 2 - A person may commit mischief affecting his own property

Mischief may be committed by an act affecting property belonging to the accused himself, or property belonging jointly to the accused and others.

Statutory Illustrations

(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. This is mischief.
(b) A introduces water into Z's ice-house and thereby melts the ice, intending wrongful loss to Z. This is mischief.
(c) A throws Z's ring into a river intending to cause wrongful loss to Z. This is mischief.
(d) A destroys his own effects when they are about to be taken in execution to satisfy a debt to Z, intending to prevent Z from obtaining satisfaction. This is mischief.
(e) A, having insured a ship, voluntarily causes it to be cast away intending to cause damage to the underwriters. This is mischief.
(f) A causes a ship to be cast away intending to cause damage to Z, who lent money on bottomry on the ship. This is mischief.
(g) A, who owns a horse jointly with Z, shoots the horse intending thereby to cause wrongful loss to Z. This is mischief.
(h) A causes cattle to enter Z's field intending, and knowing that he is likely, to damage Z's crop. This is mischief.

Essential Ingredients of Mischief

  1. there must be destruction of property, a change in property or its situation, or another injurious effect on property;
  2. the act must destroy or diminish value or utility, or otherwise affect the property injuriously;
  3. the accused must intend wrongful loss or damage, or know that such loss or damage is likely; and
  4. the wrongful loss or damage may be to the public or to any person and need not be confined to the owner.

Punishment, Cognizability, Bail and Trial Court

Provision Punishment Cognizable Bailable Trial court
324(2) Up to 6 months, or fine, or both No Yes Any Magistrate
324(3) Up to 1 year, or fine, or both No Yes Any Magistrate
324(4) Up to 2 years, or fine, or both No Yes Any Magistrate
324(5) Up to 5 years, or fine, or both Yes Yes Magistrate of the first class
324(6) Up to 5 years and fine Yes Yes Magistrate of the first class

Damage-Value Thresholds Under Section 324

Section 324(3) applies where mischief causes loss or damage to any property, including property of Government or a Local Authority, and provides imprisonment up to one year, or fine, or both.

Section 324(4) applies where the loss or damage is Rs. 20,000 or more but less than Rs. 1 lakh. The punishment may extend to two years, or fine, or both.

Section 324(5) applies where the loss or damage is Rs. 1 lakh or more. The punishment may extend to five years, or fine, or both.

Section 324(6) - Mischief After Preparation for Death, Hurt or Wrongful Restraint

Section 324(6) applies where a person commits mischief after making preparation for causing death, hurt or wrongful restraint to any person, or for causing fear of death, hurt or wrongful restraint.

This aggravated form is punishable with imprisonment of either description up to five years and fine. It is cognizable, bailable and triable by a Magistrate of the first class.

Compounding Under the BNSS

Under the BNSS compounding provisions, mischief under Sections 324(2) and 324(4), where the only loss or damage caused is loss or damage to a private person, may be compounded by the person to whom the loss or damage is caused.

Official Legal Sources

For authoritative statutory wording and procedural classification, consult India Code, NCRB and the Ministry of Home Affairs resources listed in the right sidebar. The enacted BNS text should be followed for the monetary thresholds in Section 324.

Frequently Asked Questions

Can mischief be committed against one's own property?

Yes. Explanation 2 expressly states that mischief may be committed by an act affecting property belonging to the offender, or property belonging jointly to the offender and others.

Does the offender need to intend loss to the property owner?

No. It is sufficient that the offender intends, or knows that he is likely, to cause wrongful loss or damage to any person by injuring property.

What is the punishment for ordinary mischief?

Under Section 324(2), ordinary mischief is punishable with imprisonment up to six months, or fine, or both.

When does Section 324 become cognizable?

The BNSS First Schedule classifies Sections 324(5) and 324(6) as cognizable. Sections 324(2), 324(3) and 324(4) are non-cognizable.

Is Section 324 bailable?

Yes. The listed Section 324 offences under sub-sections (2) to (6) are bailable.

This page provides general legal information. Application of Section 324 depends on the facts, evidence, valuation of loss or damage and the law applicable to the individual case.